1 Whenever used in this Order, the terms “counsel” and “counsel

for the parties” shall also refer to any unrepresented parties.

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

STEVE AXELROTH, )

 ) Civil Action

Plaintiff ) No. 02-cv-04418

 )

vs. )

 )

CINDY LONESS CARPENTRY; )

JOHN LONESS; )

CINDY LONESS; )

BERN TOWNSHIP; and )

MICHAEL A. HOFFERT, )

POLICE OFFICER, BADGE NO. 005, )

 )

Defendants )

NON-JURY TRIAL ATTACHMENT ORDER

NOW, this 17

th day of March, 2003, 

IT IS ORDERED that a non-jury trial on the issue of

damages only, in the cases against defendants Cindy Loness

Carpentry, John Loness and Cindy Loness, shall commence before the

undersigned on Wednesday, April 30, 2003 at 9:30 o’clock a.m. in

Courtroom B, Edward N. Cahn United States Courthouse, 504 West

Hamilton Street, Allentown, Pennsylvania, or as soon thereafter as

the schedule of the court permits. This Order shall serve as a

formal attachment for trial.

IT IS FURTHER ORDERED that on or before March 26, 2003,

counsel for the parties

1 shall submit to the undersigned and serve

on all counsel of record and unrepresented parties a trial

memorandum which shall include:

(a) A list of all exhibits to be used at the trial. 

All exhibits shall be pre-marked and counsel shall exchange with

each other copies of all documentary and photographic exhibits and

shall provide an opportunity for opposing counsel to view any

models or videotapes.

(b) A list of the name, address, and field of expertise

of each expert witness to be called at trial by the party.

(c) A curriculum vitae for each expert witness listed.

(d) A list of the name and address of each fact witness

to be called at trial, together with a brief statement of the

nature of his or her expected testimony. (Unless authorized by the

undersigned for good cause shown, witnesses not listed may not be

called by that party in its case-in-chief.)

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(e) An itemized statement of claimant’s damages and/or

other relief sought.

(f) A statement of any anticipated significant and/or

unique legal and procedural issues on which the court will be

required to rule, together with counsel’s single best authority on

each such issue.

(g) Names and addresses of all parties at the time the

cause of action arose and presently.

(h) Name, address and telephone number of trial

counsel, and, if applicable, the name and telephone number of the

firm with which he or she is affiliated.

(i) Any other matters of importance for the efficient

trial of the case.

IT IS FURTHER ORDERED that counsel for plaintiff(s)

shall initiate a meeting of all counsel of record and unrepresented

parties to be held at least thirty days before commencement of

trial, at which counsel shall meet and discuss and submit to the

court at least fifteen days before commencement of trial, one

complete set of agreed-upon findings of fact and conclusions of

law. If the parties cannot agree upon one complete set of findings

of fact and conclusions of law, they are required to submit to the

court at least fifteen days before commencement of trial, one set

of those findings and conclusions which have been agreed upon, and

each party shall submit to the court at least seven days before

commencement of trial, proposed findings of fact and conclusions of

law which are not agreed upon, and a legal memorandum in support

thereof. The original of each document shall be filed with the

Clerk of Court. If a good faith effort is not made to comply with

these directives, sanctions may be imposed, the trial may be

continued, or both.

IT IS FURTHER ORDERED that any party who contends, or

may contend, that the proposed testimony of any expert witness

requires a hearing at, or before, trial pursuant to Daubert v.

Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 

125 L.Ed.2d 469 (1993), shall notify the court of this contention

in writing at least thirty days prior to the trial date.

IT IS FURTHER ORDERED any party having an objection to: 

(a) the admissibility of any exhibit based on authenticity, 

(b) the adequacy of the qualifications of an expert witness

expected to testify, (c) the admissibility for any reason (except

relevancy) of any item of evidence expected to be offered, or 

(d) the admissibility of any opinion testimony from lay witnesses

pursuant to Federal Rule of Evidence 701, shall set forth

separately each such objection, clearly and concisely, in his or

her trial memorandum. The objection shall describe, with

particularity, the grounds for the objection and the authority

relied upon.

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IT IS FURTHER ORDERED that unless stipulated to by all

affected parties and approved by the court, or by Order of court so

as to avoid manifest injustice, only those exhibits, discovery

items and expert witnesses identified in the manner set forth in

this Order shall be considered by the court for admission into

evidence at trial.

IT IS FURTHER ORDERED that the unavailability of a

witness at the time of trial in the manner defined in Federal Rule

of Civil Procedure 32(a)(3), will not be a ground to delay the

commencement, or progress, of a trial. In such circumstances, the

court anticipates the use of oral or videotape depositions at trial

of any unavailable witness whose testimony a party believes

essential to the presentation of that party’s case, whether that

witness is a party, a non-party or an expert.

IT IS FURTHER ORDERED that any party offering a

deposition at trial shall provide the court, prior to commencement

of trial, a copy of the deposition transcript, but only after all

efforts have been made to resolve objections with all counsel and

unrepresented parties. Portions of the deposition offered by

plaintiff shall be marked in blue; portions offered by defendant,

in red. Where a court ruling is necessary, the basis for

unresolved objections shall be written in ten words or less in the

margin of the deposition, accompanied by a separate written index

of such objections.

IT IS FURTHER ORDERED that at least ten business days

before commencement of trial, each party shall submit to the court

a written summary, not to exceed two pages in length, in plain

language, of its contentions regarding the facts and that party’s

theories concerning liability and damages. Not later than five

days before commencement of trial, all other parties may submit, in

writing, objections or alternatives to this summary.

IT IS FURTHER ORDERED that counsel shall familiarize

themselves with the Local Rules of Civil Procedure of the United

States District Court for the Eastern District of Pennsylvania. 

Failure to comply with the within Order or the Local Rules may

result in the imposition of sanctions.

IT IS FURTHER ORDERED continuances will be granted only

in extraordinary circumstances. Continuance requests shall be

filed by one counsel of record for each represented party and by

each unrepresented party. Continuance requests shall be submitted

at least ten days prior to the commencement of trial on a form

approved by the undersigned.

BY THE COURT:

 

James Knoll Gardner

United States District Judge

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